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medical malpractice laws michigan

Understanding “Pain and Suffering” Limits in Michigan Medical Malpractice Cases

By Lipton Law on June 18, 2012 - No comments

Michigan Medical Malpractice LawsMichigan law limits the amount of non-economic damages, or damages for “pain and suffering,” a person or family can recover in a medical malpractice case. These damages are separate from damages for costs like medical bills, lost wages, and prescription drug costs.

In 1993, the Michigan legislature set the non-economic damages limit for medical malpractice at $280,000 per case, unless certain exceptions applied. An applicable exception raises the damages limit to $500,000. Exceptions include:

  • A brain or spinal cord injury causing paraplegia, hemiplegia, or quadriplegia that includes the total permanent functional loss of at least one limb;
  • Permanently impaired cognitive capacity that makes the patient unable to make independent, reasonable life decisions and makes the patient permanently unable to independently perform daily living tasks; and
  • Permanent loss or damage of reproductive organs that leave the patient unable to make or bear children.

These numbers, which were set in 1993, are adjusted every year to keep pace with inflation. For 2012, the general limit has been adjusted to $424,800 and the limit for exceptions has been adjusted to $758,500.

Medical malpractice cases are often overwhelming for patients and their families. Recovering from your injury or illness, paying medical bills, and handling daily tasks of living can be difficult enough without also trying to file insurance claims or find out what went wrong on your own.

At Lipton Law, we take these and other issues off your hands so that you can focus on getting well, while our dedicated Southfield medical malpractice lawyers apply their experience to winning the compensation you need. Call us today at (248) 557-1688 for a free, confidential consultation.